- 27 - unlike he, performed clerical, nonmanagerial work. Petitioner’s business would have suffered dramatically, if not ceased altogether, had Beiner disaffiliated himself from petitioner during the subject years; any void created by his loss could not have been filled by one or more other employees. Moreover, as noted by Wertlieb, employees such as Beiner are not paid on an hourly basis but are paid for their leadership, knowledge, and experience and for their ultimate accountability in achieving company goals. In this regard, Wertlieb noted, Beiner was the locomotive of petitioner’s business, and, but for him, petitioner would not have been able to obtain its inventory at the discount prices that allowed it to function as profitably as it did. In fact, Wertlieb noted, the special relationships which Beiner developed with the three OEMs allowed petitioner to report greater gross profit margins and returns on sales and investment than virtually any other similar public company for which data was available for 1999 and 2000. Respondent concedes that Beiner played an “important” role in petitioner’s business. However, respondent asserts, Beiner’s services were nonspecialized, Beiner spent little time in petitioner’s business, Beiner devoted a significant amount of his time to working for California Controls, and Beiner’s brother was a primary income-producing factor in petitioner’s business.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011